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INDECENT REPRESENTATION OF WOMEN AND OBSCENITY: CHALLENGES AND STRATEGIES FOR PREVENTION AND MANAGEMENT IN INDIA BY – AMRITA
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INDECENT REPRESENTATION OF WOMEN AND OBSCENITY: CHALLENGES AND STRATEGIES FOR PREVENTION AND MANAGEMENT IN
INDIA
AUTHORED BY – AMRITA
ABSTRACT
Despite the presence of various civil and criminal laws in India against
indecent representation of women
and obscenity, these social issues continue to persist. Furthermore, with the
advancement of modern technology,
it has become even easier to create and disseminate obscene content, exacerbating the problem. This research
paper aims to explore the challenges associated with managing and preventing indecent representation of women and
obscenity in India, and proposes strategies
for addressing them. To achieve this, the paper will review existing
literature, analyze current legal frameworks,
and assess their effectiveness. Additionally, it will examine the role of technology in exacerbating the problem and
the attitudes of Indian society towards these issues. The paper will also explore the impact of gender inequality and
patriarchy on the problem. Finally,
the paper recommends improvements to prevention and management strategies.
These recommendations include more
effective implementation and enforcement of existing laws and the need for additional legislation to address the emerging
challenges posed by technology.
Keywords: Indecency, Obscenity, Community, Women, Objectifying, Representation.
INTRODUCTION
The problem of indecent representation of women and obscenity in India is
deeply rooted in the conservative and
patriarchal cultural and societal norms prevalent in the country. Despite
several civil and criminal laws aimed
at preventing and punishing such behavior, the problem continues to persist and has been further
exacerbated by the advancements in modern technology. Various forms of media, including advertising,
films, and social media, have played a significant role in perpetuating these issues, making it clear
that traditional approaches to addressing them have been insufficient.
The
Indian Constitution guarantees equal rights to men and women, and there are
several laws in place to protect
women from sexual harassment, assault, and violence. However, in reality, women still face discrimination and
violence, and their representation in media often reinforces harmful stereotypes and objectifies them.
The film industry, Bollywood, has been accused of perpetuating these harmful
stereotypes and promoting
unrealistic and unhealthy
beauty standards. Critics
argue that the industry is male-dominated, prioritizing male actors and
catering to male audiences, while
female actors are often relegated to supporting roles and subjected to objectification and sexualization.
It
is evident that the problem of indecency and obscenity in India is complex and
multifaceted, requiring a delicate
balance between upholding cultural and social norms while also protecting individual rights and freedoms. In order
to effectively address these issues, there is a need for a comprehensive approach that involves legal
reforms, improved enforcement, and changes in
societal attitudes towards women and gender equality. It is crucial to
acknowledge the harmful impact of
these issues on women and work towards creating a more equitable and just
society for all.
CHALLENGES ASSOCIATED WITH OBSCENITY AND INDECENCY
There are several challenges associated with indecency and obscenity in
India. Firstly, the legal framework
around these issues is vague and subjective, making it difficult to define what
is considered indecent or obscene.
The lack of clarity means that authorities have to interpret the laws, which can lead to inconsistencies in enforcement.
Secondly,
even with laws in place, enforcement can be challenging due to a lack of resources and manpower. Corruption and bias can also play a role in
cases being dismissed or ignored.
Additionally, India's conservative culture and society means that public
displays of indecency or obscenity can be met with strong backlash.
Thirdly,
there is a tension between freedom of expression and the need to maintain
cultural and social norms.
Some argue that censorship and restrictions on artistic expression or speech infringe on
their fundamental rights, while others argue that indecent or obscene content
has a negative impact on society.
Lastly,
with the rise of the internet and social media, regulating indecency and
obscenity online has become increasingly difficult. Content can be easily shared and accessed,
making it challenging to monitor and regulate.
Overall,
the challenges associated with indecency and obscenity in India are complex and
require a delicate balance between
upholding cultural and social norms while also protecting individual rights
and freedoms.
CONSTITUTIONAL AND LEGAL PROVISIONS RELATING TO OBSCENITY
AND INDECENT REPRESENTATION OF
WOMEN
The Constitution of India provides
women with not only equality
but also with positive discrimination measures. Certain articles
such as 14, 15, 15(3), 16, 39(a), 39(b), 39(c),
42, 46, 47, and 51A(e) are significant in this regard. The
Constitution also guarantees the right to live
with dignity and decency, which has been upheld in various court cases.
The right to life includes the
right to live with human dignity, which means that women have the right to a
dignified life1. The
Indian Penal Code (IPC) includes sections 292, 293, and 294, which are designed
to protect public morals by making
the sale of obscene literature and publications, especially to young people, a punishable offense. According to
Section 292 of the IPC, a book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other
object is deemed obscene if it is lascivious
or appeals to prurient interests or tends to deprave and corrupt people.
However, there is no standardized definition of obscenity in the
IPC.
1 Francis Coralie v Union of Territory of Delhi, AIR 1978 SC 597.
In
India, the Constitution guarantees
equality and empowerment of women through various provisions such as Fundamental Rights, Fundamental Duties, and Directive
Principles. The Constitution also upholds the right to
live with dignity and decency, which includes the right of women to live a dignified
life. Sections 292, 293, and 294 of the Indian Penal Code (IPC) have
been
enacted to protect public morality by making the sale and distribution of
obscene literature and publications, particularly to young persons, a cognizable offense.
In
Ranjith D Udeshi’s case2, the constitutionality of Section 292 of
the IPC was challenged and held to be
a reasonable restriction on the right to freedom of speech and expression under
Article 19(2) of the Constitution.
The Indecent Representation of Women (Prohibition) Act prohibits the indecent representation of women through various
means, including advertisements, publications, paintings, and figures. The Act defines indecent
representation of women as the depiction
of a woman's figure, body, or any part thereof in a manner that is indecent,
derogatory, denigrating, or likely to
deprave, corrupt, or injure public
morality 3 . The Act
makes it punishable4
for any person who publishes, arranges, or takes part in the publication or
exhibition of such representations.
Exceptions apply to works done for public good, religious purposes, or art, science, and literature.
The
penalties for committing crimes under this Act include imprisonment for up to
two years and a fine of up to 2,000
rupees for the first offense, and up to five years of imprisonment and a fine of up to 1 lakh rupees for repeated
offenses. The Information Technology Act, 2000, includes Section 67, which prohibits the publishing of obscene and
prurient material in electronic form. This
provision is broad enough to cover all perpetrators of pornography. The Young
Person’s (Harmful Publications) Act,
1956, defines harmful publications as any books, magazines, or pamphlets
containing pictures that portray women in a derogatory light.
Overall, the Indian Constitution and various laws in place aim to prevent the indecent representation of women and obscenity.
However, the issue persists due to cultural and societal norms that are conservative and patriarchal. The media,
including advertising, films, and social media,
has played a significant role in perpetuating these issues, and traditional
approaches to addressing them have been insufficient.
2 Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881.
3 The Indecent Representation of Women (Prohibition) Act, 1986, s 2 (c).
4 The Indecent Representation of Women (Prohibition) Act, 1986, s 6.
JUDICIAL INTERPRETATION OF OBSCENITY
The Indian Penal Code does not provide a clear definition of obscenity,
leaving it up to the courts to
interpret and define what constitutes as such. Over time, Indian courts have
developed and evolved their own test
of obscenity. Initially, they adopted the Hicklin Test, which involved testing content according to the standards of weak minds susceptible to immoral
influence. However, as time went on,
the courts moved away from this approach and began to use the modern Community Standard
Test to define obscenity.
In
the landmark case of Ranjit D. Udeshi v
State of Maharastra5, the courts laid down what has come to be known as the "test of
obscenity." This test requires that obscenity must not be judged by a word or passage, but rather the work
as a whole must be looked into and analyzed to
determine how it impacts society and readers as a whole. The court
emphasized that a balance must be
maintained between freedom of speech and expression and public decency and
morality. However, when public
decency and morality are substantially transgressed, freedom of speech and expression must give
way.
In
Chandrakant Kalyandas Kakodar v. State of Maharashtra and others6,
the Supreme Court held that there are
no fixed rules to determine obscenity and that the concept of obscenity varies from country to country depending on
the standards of morals of
contemporary society. The court stated that in considering the
question of obscenity of a publication, it must determine whether a class, not an isolated case,
into whose hands the book, article, or story falls, suffer in their moral outlook or become depraved by
reading it, or might have impure and lecherous
thoughts aroused in their minds.
The
Supreme Court further observed in Samresh
Bose and Another v. Amal Mitra and Another 7that
a vulgar writing is not necessarily
obscene. Vulgarity may arouse feelings of disgust, revulsion, and boredom, whereas obscenity has the tendency to
deprave and corrupt those whose minds
are open to such immoral influences. A novel written with a view to exposing
evils prevailing in society by laying
emphasis on sex and using slangs and unconventional language did not make it obscene.
5 AIR 1965 SC 881.
6 AIR 1984 SC 1572.
7 (1985) 4 SCC 201.
In
the recent case of Aveek Sarkar and
another v State of West Bengal8, the Supreme Court passed a judgment stating that a nude
picture of a woman is not obscene if it carries a social message. A picture of a nude or semi-nude woman, as such, cannot
per se be called obscene unless it
has the tendency to arouse feelings or reveal an overt sexual desire. The Court
also disapproved of the Hicklin
Test and adopted the Roth Test.
Despite various
charges of obscenity
being brought against
writers and poets, the laws concerning
obscenity in India are similar to those established by the British government,
and the law has yet to be revised.
Notable trials have involved the Hungryalists, who were arrested and prosecuted for their work.
Overall,
Indian courts have moved away from the Hicklin Test9 and have
adopted the modern Community Standard
Test to define obscenity. The courts now consider the context and intention behind the content in determining
whether it is obscene. While charges of obscenity continue to be brought against writers and poets, the
laws in India concerning obscenity have yet to be revised.
NEED FOR ADDITIONAL MEASURES
The persistence of the problem of obscene content despite the existence
of laws can be attributed to several
factors, such as gaps in the legal framework and lack of effective enforcement,
as well as a general lack of
awareness and sensitivity towards the issue. To effectively tackle this problem,
additional measures need to be taken beyond the
existing legal framework.
One
of the key measures that should be taken is the introduction of stricter
legislation that covers online
platforms, which have become a major source of obscene content. This could
involve amending existing laws or
introducing new ones. In addition, greater focus should be placed on awareness and sensitization campaigns to
change societal attitudes towards women. This could help to shift the focus
of advertisements from portraying women solely for the purpose of attracting to appealing to them as consumers.
8 (2014) 4 SCC 257.
9 Regina v. Hicklin,
3 QB 360.
To
ensure the effectiveness of these measures, there needs to be greater
enforcement of the laws, including
imposing strict penalties and ensuring speedy justice. The decisions of the
Censor Board should also be effectively enforced
to prevent the dissemination of unhealthy entertainment through cheap publications, presentations, films, TV programs, and cable channels.
Preserving
moral and ethical values in society is crucial because they establish a
standard for ideal human behavior, promoting
good ends and justice. The enforcement of these
values depends on individual conscience and the force of enlightened public opinion.
To
assist in the effective implementation of these measures, it is suggested that
in each state, an Expert Board
consisting of doctors, psychiatrists, sociologists, literature professors, and
retired judges should be formed by
the government to provide opinions on the obscenity of literature or work to the investigating agency before
launching the prosecution in a court of law. These opinions should be
treated as expert opinions and relevant under Section 45 of the Indian Evidence Act by amending
the law.
Furthermore,
a separate department or cell should be established by the Government of India under the Ministry of Information and Broadcasting to determine the various categories of advertisements,
issue a code of conduct, and assist in relating goods with advertisements. This would help to ensure that all forms of
media are covered and that there is greater control over the content
that is disseminated through
these channels.
The
advertisement of a product should be directly related to its nature and usage.
Advertisements should be relevant
to the products being advertised and should avoid indecency and vulgarity. Advertisers, advertising agencies, and the media should consider
it their corporate
social responsibility to be truthful
and honest in advertising, and should follow norms of fair competition. Additionally, advertisements
should showcase women as successful achievers in positions of influence and decision-making, rather than in
traditional, mundane roles.
To
combat the indecent representation of women, social organizations, parents,
teachers, and academicians should
form public opinion. This issue should be made a mass movement to awaken
society to the idea that the aim of life can only be achieved honorably through
education, service, and employment, and not through
materialism.
New
and innovative presentations of women, based on India's distinct culture and
society, should be introduced
through media. Despite accepting the dynamic globalization process, Western indecent culture should not be imitated.
Women and young girls must also resist the temptation for money and craze for popularity through
lascivious advertisement to prevent the objectification
of women. Parents should monitor their children's inattentive views to prevent them from being misled.
In
summary, advertisements should be directly related to the product they
advertise and should avoid indecency and vulgarity. Advertisers, advertising agencies, and the media should be truthful and honest in advertising, follow
norms of fair competition, and showcase women as successful achievers. To combat indecent representation of
women, public opinion should be formed,
and new and innovative presentations of women, based on India's distinct
culture and society, should be
introduced through media. Finally, parents should monitor their children's views to prevent them from being misled.
CONCLUSION
In conclusion, the issues of indecent representation of women and
obscenity are severe and need immediate
attention. The existing legal framework has several gaps that require
addressing, and additional measures
must be taken to effectively combat the problem.
A comprehensive approach involving legal, social, and
cultural interventions is necessary to create a society that values and respects women. The term "indecency" is all-encompassing and covers every
aspect of personal conduct that
deviates from standard norms. What is considered indecent varies based on the time, place, and level of
civilization of a particular society. Hence, no universal standard can be set, and laws based on such a fluid
concept are impractical. Nevertheless, in the current context, it is vital for every society to establish certain
norms and rules to maintain order and decency. The standards set or adopted by a society
may not be perfect and can differ
from society to society and over time.
Article Information
INDECENT REPRESENTATION OF WOMEN AND OBSCENITY: CHALLENGES AND STRATEGIES FOR PREVENTION AND MANAGEMENT IN INDIA BY – AMRITA
Authors: AMRITA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/17
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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